Groups plan to sue federal government

Mar. 31, 2013

Andrew McElwaine, executive director of the Conservancy of Southwest Florida.

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Environmental groups put the federal government on notice last week that they plan to sue the U.S. Fish and Wildlife Service for allowing the state of Florida to issue incidental take permits for animals protected under the Endangered Species Act.

The Conservancy of Southwest Florida and Center for Biological Diversity and Conservancy of Southwest Florida filed a notice of intent, a requirement when using the Endangered Species Act, that gives the FWS 60 respond before the suit is reviewed by a judge.

The suit stems from an agreement made in May of 2012 in which the FWS handed over take permits for endangered species to the Florida Fish and Wildlife Conservation Commission, a governor-appointed board that is made up mostly of developers and construction company owners. The Conservancy and Center for Biological Diversity say shifting the decision-making authority has the potential to create conflicts of interests by FWC commissioners, most of whom are developers who sometimes seek out these very permits.

“In some cases these permits can impact thousands of acres of habitat,” said Andrew McElwaine, executive director of the Conservancy of Southwest Florida. “The challenge is that commissioners are politically appointed, and many of those commissioners seek these very types of permits because they want to raise beef and condos.”

FWS officials aren’t speaking about the lawsuit, although the agency did release a statement.

“We just received the notice and will thoroughly review the Everglades Law Center’s concerns,” Jeff Fleming, an FWS spokesman in Atlanta, said in a statement. “We entered into the agreement because of our strong partnership with the Florida Fish and Wildlife Conservation Commission and belief that the agreement would strengthen that partnership and further our ability to do solid conservation work for the benefit of fish and wildlife and the people of Florida.”

Florida is the only state allowed to issue what are called incidental take permits for developments and roadway construction projects. According to the state FWC, a take occurs when an animal is harassed, chased, harmed or killed. An incidental take happens when a development or human activity disturbs, harms or kills a plant or animals listed under the Endangered Species Act, adopted in 1973.

McElwaine also said the agreement between the federal and state agencies was done without filing public notice, holding hearings or taking public input. His group and others want the FWS to take back the incidental take permit review process from Florida.

“There’s no provision in the Endangered Species Act that allows the federal government to hand its responsibilities over to the state,” McElwaine said. “Those things need to stay at the federal level. If not, it’s unlawful.”